In the Industrial Tribunal*
The Hon. Dr Emanuel sive Manuel Mallia
vs
Prime Minister
Application of the Plaintiff Mallia
Respectfully Submits
That on the 9th December 2014 at 13:59 he was summarily dismissed from the position of Great & Exalted Minister of State without just cause and for no reason valid at law by the Defendant.
That preceding this action by the Defendant, the Plaintiff had been invited by the said Defendant to resign in circumstances that clearly indicated that the said Defendant was seeking to stultify due process and terminate the engagement of the Plaintiff in a manner that denies the said Plaintiff's right to seek recourse at law
That preceding this action precedent by the Defendant, the said Defendant had commissioned an Inquiry in which regard it is to be noted and considered that said Inquiry was not intended to have the function of a Disciplinary Panel and therefore and consequently the Plaintiff attended as a witness and not represented by legal counsel of his choice as is his right.
That even if - dato ma non concesso - the findings of the Inquiry are to be given value, it is to be noted that said Inquiry did not find any fault on the part of Plaintiff that would justify the summary termination of his engagement.
That in the light of the foregoing, the summary dismissal of the Plaintiff can only be seen as a craven capitulation by the Defendant to the force of public opinion, a factor that should not be taken into account by this Honourable Tribunal in assessing whether the Defendant acted within his rights in dispensing with the services of the Plaintiff in such a high-handed and precipitous manner.
That moreover, the said Defendant, having precedently abdicated his right and duty to determine the continued engagement or otherwise of the Plaintiff and delegated same to the Inquiry, had no right to take back to himself the right the said Defendant purported to exercise in dismissing the Plaintiff as aforesaid.
In the light of the foregoing, therefore, the Plaintiff prays this Honourable Tribunal to declare that the dismissal of the said Plaintiff by the said Defendant was for a reason invalid at law and consequently to establish the damages payable or the reparation to be made to the said Plaintiff by the said Defendant and to order said Defendant to pay such damages or take other such measure by way of reparation to the Plaintiff within such time as this Honourable Tribunal may determine is just and reasonable.
With costs and with all legal and political rights pertaining to the Plaintiff reserved in favour of the said Plaintiff.
Sgd. Doctorem in lege Avvocato F.A. Zullo, Magister Iuris et Obfuscatio
___________
*wholly imagined and scurrilously written (I keep having to put this sort of thing in because - after some twenty years of writing this stuff - it's dawned on me that people take it seriously